Legal and planning
Guardianship
Guardianship is a legal process in which a state court finds a person incapacitated and appoints someone else to make decisions for them. Some states call it conservatorship. It can be limited to certain areas or cover all decisions. It limits the person's own rights.
Why it matters for your family
Guardianship is serious. The ACL says it limits a person's choices, such as where to live and what medical care to receive, and often it is used when less restrictive options would work. Many families reach it after a parent with dementia has no power of attorney in place. A court process can cost money and take time. Planning early with a power of attorney and a health care proxy can help avoid it. Options such as supported decision-making keep the person in charge with help. A common mistake is thinking guardianship is a quick form to sign. Talk to an elder law attorney. This is general information, not legal advice.
Source: acl.gov
Read more: What is Elder Law and Do You Need an Elder Care Attorney?
Related terms
- ConservatorshipConservatorship is a court process in which a judge appoints a person, the conservator, to manage another adult's affairs.
- Power of attorneyA power of attorney (POA) is a legal document in which one person, the principal, names another person, the agent, to act for them.
- Durable power of attorneyA durable power of attorney is a power of attorney that stays in effect if the person who signed it becomes incapacitated.
- Capacity assessmentA capacity assessment is an evaluation of whether a person can make a specific decision, such as signing a legal document or agreeing to treatment.
- Elder law attorneyAn elder law attorney is a lawyer who focuses on legal issues of older adults.
- Healthcare surrogateA healthcare surrogate is a person who makes medical decisions for someone who cannot decide for themselves.
